1. Caveat is an application filed by a legal person in a particular court of civil nature against one or more legal persons, seeking to be heard before passing any ex-parte order against him in any proceedings that may be filed by the said persons against him in that court.The caveat is live for 90 days from the date of.

2. You will get it only of the court admits the case.

3. It is at the discretion of the court.

4. The chances of their case being admitted are very less in Supreme Court. So, no need to worry.

5. Yes. As there is no stay on the order of the ncdrc, you are a complete liberty to file execution proceedings. I would strongly advise you to do the same 

1) 

The Prayer of the Application must read out that – The Caveator must be heard before deciding any application or Appeal against the attached Judgement of Lower Court in which Caveator is the party.

2) you would be served a copy before court admits the case 

3) you can at time hearing request that  builder be directed to deposit the amount in court 

4) you cannot file execution application during pendency of appeal in SC 

1. No caveat means just to inform you in advance if any matter is filed and no order may be passed without hearing you in the same. 

2. After admission you will get the same for filing your reply

3. You can include the same in your reply. 

4. Yes you can expedite the same once you get a hearing from SC or if not filed in SC you can go for execution in lower court. 

5. Yes

caveat means an application to the court stating that in case the aggrieved party files any proceeding in the court to challenge the lower court's order which is not in his favour, then if any such application seeking urgent reliefs is filed by the aggrieved party, then you must be notified in advance about such application and no order ex parte  be passed without hearing you

the case is already filed in SC. So now no use of filing any caveat

the builder will first have to get his petition admitted by the SC

If that is not allowed then you do not have to do anything

if the builder's case is admitted then you will get a court notice to file your reply. The builder will be directed to serve a copy of his petition on you or your lawyer

since the petition is filed and no stay is obtained, you can put your NCDRC decree for execution by filing execution application 

if any party files caveat it means party wants that it should be heared before passing any order of stay or of any other nature under rule 159 it is filed.

you can file EP if there is no stay. 

No interim stay granted before hearing you.

And if Appeal already, file purpose of caveat is fail. Copy you will get when notice will receive.

NO stay from SC, better file execution in NCDR. 

Builder have to deposit 50% of amount - pre requisite to file an appeal in SC.

Court will take it`s own time, flooded with cases.

1. Caveat means that court before passing any order or staying the order below shall provide you chance of hearing and advance copy of petition need to be served to you. There is no grounds in caveat required it is simple application.

2.  See if they had already filed no use of caveat but in case there case is not before the court they have to serve an advance copy.

3. Yes it can direct. Court can pass interim order for same.

4. You can request to expedite the matter though appeal take some time in the court.

5. See if order is not stayed by SC the. Execution can be filed.

Dear Sir,

My answers are as follows:

1. What does caveat mean . ? Is It just requesting SC to hear us before admitting the case or will caveat also have the supporting points to justify the request?

Ans:

CAVEAT

Caveat: A Caveat is an entry made in the books of the offices  of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court not to take any step without notice being given to the party lodging the care at. It is very common in testamentary proceedings. It is a precautionary measure taken against the greater of probate or letters of administration, as the case may be, by the person lodging the caveat.  Section 148-A of the code of civil procedure  provides for lodging of a caveat.

  Object:  A caveat protects the caveator’s interest. The caveator is already ready to face  the suit or proceedings which is expected to be instituted by his opponent. Hence no ex-parte order shall be passed against the caveator. The caveat avoids multiplicity  of proceedings. Thus it saves the expenses costs and conveniences of the Courts.

  Examples:  A is owner of a house-site. He wants to construct a building He got the permission  from the Municipality. A started construction. Meanwhile, B the neighbourer  claimed some of the land of A and objected  the construction, on the pretext of some bias, immediately on the day of threatening itself. A filed a caveat against B in the competent civil court praying the Court to give him a notice before passing any interim order or relief in case if B files any application before the Court, so that  he could give the answer to the claim of B.

  Form:  No form is prescribed for the caveat. The caveator may file a caveat in the form an application or petition before the court submitting the cause of action giving the name and description of the opponent. The copy of the application shall be sent  to the opponent party in advance by Registered post Acknowledgement due, before filing it in the court.

1. When can we get the copy of the application that has been filed by the builder in the SC? Can we get it after we file the caveat or we’ll get it only after court admits the case?

Ans: Once you file caveat, then be assured that the builder whenever he approach the SC he must serve a copy on you.

1. At what stage we can request SC to direct the builder to deposit the amount (equal to the principal amount paid by us.) in the Court’s account? Can it be done immediately after the court admits the case or even before?

Ans: On the first day itself but some time it may order to deposit 20 – 50 percent of award/decreetal amount.

4.Generally how long it takes in SC for a case to reach its logical conclusion? Is there any way we can request the court to expedite the whole process, considering we are paying Interest to the bank every month?

Ans: It all depends upon the profile your advocate and resistance by otherside.

5.If admission process of case itself takes long time in the SC , can we file the execution case in NCDRC then ?

Ans: Yes, it there is not stay you can proceed with execution.

1. Your understanding is correct. However the later part of it is not correct. You do not have to justify the correctness of the order passed by NCDRC. This will c later.

2. After the court admits it and issues notice to you 

3. Only at the stage of admission.

4. there's no fixed time line for disposal. Having said that, you can request for expedited hearing.

5. Absolutely. You can file execution proceedings even now.

A caveat is an application to the court to hear you too at the time of admission before passing any interim orders. When he files the case...you get a notice. 

It takes time for the supreme court but when the slp gets admitted.

An interim order may be passed an then you cannot file for execution.

Also when the matter is pending.

Regards 

If a matter is subjudice you cannot file the execution application. It will take some time if the court admits the slp.

But builder could have received copy of order after few days or may have file delay condonation application.

The petition can be filed along with a condonation of delay application.

1) builder must have applied for certified copy of order . certified copy must have been received on x date 

2) appeal has to be filed within period of one month of receipt of certified copy of order 

3) if there is delay in filing appeal application for con donation of delay can be filed . court may condone delay in interests of justice 

Yes the limitation period is 39 days though delay condonation can be filed.

See they can file appeal along a combination of delay application.

limitation is counted from the date of receipt of certified copy of order by the builder

The 30 days starts from the date on which the builder received the certified copy of order.  And buikder can also file condonation of delay if the delay is present in filing. 

Any person, aggrieved by

an order made by the National

Commission in exercise of its powers

conferred by sub-clause () of clause (a)

of Section 21, may prefer an appeal

against such order to the Supreme

Court within a period of thirty days from

the date of the order:

Provided that the Supreme Court may

entertain an appeal after the expiry of

the said period of thirty days if it is

satisfied that there was sufficient cause

for not filing it within that period. 

1. The caveat petition will ensure hat the court will notify you before taking any decision against you in your absence.

2. You will get the copy only after the court admits the case.

3. You can make a request during the first appearance after receiving the notice.

4. The case before supreme court will not take much time, it may be disposed in a short span of time provided it is listed soon.

5. You can very well file an execution petition if there is no stay even after the expiration of the appeal period.

After the expiration of 30 days stipulated time, they can still file the appeal with a petition seeking to condone the delay under section 5 of limitation act.

If the copies were received within one month from the date of this appeal then he can very well file it without condone delay petition.

Hi

1) A Caveat is a Notice given by a person, informing the Court that another person may file a suit or application against him and that the Court must give the Caveator (person filing the Caveat) a fair hearing before deciding any matter brought before it in the relevant case.

2) the copy of appeal will be served to you with notice of caveat

3) yes you can request court to order builder to deposit the amount 

4) There is no time line for disposal of cases in supreme court. And you will get the refund amount with interest and all the costs if case is decided In your favor 

5) If appeal is admitted in SC then you cannot file execution petition till disposal if appeal.